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What's New in E-Discovery and Spoliation?

October 26, 2023

U.S. Fifth Circuit Affirms Entry of Default as Sanction for Spoliation

Written by Steve Herman
October 21, 2023

Judge Presiding Over Opiods MDL Admonishes Defendants for Attempting to Use Privileged Communication to Disqualify Special Master

Written by Steve Herman
August 8, 2023

U.S. Fifth Circuit Reverses Fee-Shifting and Other Sanctions Against Plaintiffs and Counsel for Attempting to Prosecute Voting Rights Act Claims

Written by Steve Herman
August 8, 2023

Judge Chhabria, in the Northern District of California, Sanctioned Facebook and Gibson Dunn over $925,000 for Discovery Abuses

Written by Steve Herman
August 8, 2023

Magistrate in the Eastern District of Louisiana Recommends that Plaintiff be Precluded from Offering Evidence of $837,286.87 in Claimed Damages where Pre-Surgery Requests and an Order for an IME were Disregarded by Arnold & Itkin Attorneys

Written by Steve Herman
August 8, 2023

Affirming Sanctions Award for Deletion of Cell Phone Records in Maritime Case, Eleventh Circuit Holds that “Intent to Deprive” under Rule 37(e)(2) is the Equivalent of “Bad Faith”

Written by Steve Herman
December 31, 2022

Texas Supreme Court Issues Mandamus to Narrow Discovery of Cell Phone Records

Written by Steve Herman
December 19, 2022

In 368-Page Opinion, Northern District of Georgia Judge Strikes Defendant’s Answer and Sanctions Defense Counsel as “Willing Accomplices and Enablers” in Defendant’s Bad Faith and Contumacious Behavior

Written by Steve Herman
November 29, 2022

U.S. Eleventh Circuit Finds No Good Cause to Seal Documents Solely Because they Are Embarrassing to the Producing Party

Written by Steve Herman
June 21, 2022

U.S. District Court Judge Sanctions Stryker and Its Counsel the Seyfarth Shaw Law Firm for Spoliation of Text Messages, Obstructive and Unprofessional Deposition Tactics, and Unnecessary Delay

Written by Steve Herman